Loading...
1983-04-18 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING APRIL 18, 1983 7:30 P.M. COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Mayor Pro Tem Council Members John Dodd Fred Johnson David Blair Carol Dingman Bill Glancy Herb Weidinger The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney John Boyle Recording Secretary Ruth Ann Parish Mayor Dodd called the City Council meeting of April 18, 1983 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION. The R. L. Turner's Women's Select and Acappella Choirs presented the invocation in song. AGENDA ITEM NO. A.2-PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented a 5 Year Service Award to Harlene Turland, of the Police Department. AGENDA ITEM NO. A.3-PRESENTATION OF CERTIFICATES OF APPRECIATION TO R. L. TURNER COMBINED CHOIRS. Mayor Dodd presented the R. L. Turner's Women's Select and Acappella Choirs with a Certificate of Appreciation for their Vol. 39, Page 42. volunteer work in the City's "Clean-Up Fix-Up Paint-Up" Program. Mayor Dodd stated that the choir donated 644 hours of work during the "R. L. Turner Civic Pride Day" as a part of the citywide clean-up campaign. AGENDA ITEM NO. A.4-CONSIDER PROCLAIMING THE WEEK OF APRIL 17-23 AS KEEP AMERICA BEAUTIFUL WEEK IN FARMERS BRANCH. Mayor Dodd opened the discussion by stating that in conjunction with the Beautify Texas Council and the nationally recognized "Keep America Beautiful" program, he wished to proclaim the week of April 17-23 as "Keep America Beautiful" week in Farmers Branch. Councilman Blair made a motion to proclaim April 17-23 as "Keep America Beautiful" week in Farmers Branch. Councilman Weidinger seconded the motion with all members voting "aye". SECRETARIES WEEK PROCLAIMED. Mayor Dodd stated that a proclamation for "Secretaries Appreciation Week" to recognize the City of Farmers Branch secretaries was up for consideration for April 25-29. Councilman Weidinger made a motion to proclaim "City's Secretaries Appreciation Week" for April 25-29. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. A.5-PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item is placed on the agenda to give citizens an opportunity to present applications to the Council for serving on any of the various advisory boards. Mr. Jim Smith, 2811 Bay Meadow, presented an application to serve on the Industrial Development Board as first choice. AGENDA ITEM NO. B.1-CONSIDER APPROVAL OF MINUTES APRIL 4, 1983 MEETING. Councilman Blair made a motion to approve the minutes of April 4, 1983 as amended. Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried unanimously. THE CITY COUNCIL AGREED THAT THE PRESENTATION OF ITEMS NO. C.1 AND C.2 BE DISCUSSED AT THE SAME TIME AND VOTED ON SEPARATELY. Vol. 39, Page 43. AGENDA ITEM NO. C.1-CONSIDER ORDINANCE NO. 1439 APPROVING WATER AND SANITARY SEWER SYSTEM PLANS FOR THE EAST SIDE IMPROVEMENT AREA AND TAKE APPROPRIATE ACTION. AGENDA ITEM NO. C.2-CONSIDER ORDINANCE NO. 1440 PROVIDING FOR METHOD OF CHARGING DEVELOPMENTS FOR WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR THE EAST SIDE IMPROVEMENT AREA AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The City Staff has prepared water and sanitary sewer system plans for the East Side Improvement Area. These plans show both the existing and pro- posed water and sanitary sewer mains that make up the basic ske- leton of these systems to provide the needed level of service to the Eastern Industrial Area. The proposed water main sizes are based upon the Water Distribution System Analysis performed by the Engineering Division. The proposed sanitary sewer main sizes are based upon anticipated development densities and the City's experience with the capacities of various sanitary sewer mains. The City Staff recommends that Ordinance No. 1439, adopting water and sanitary sewer system plans for the East Side Improvement Area, be approved. The City Staff has prepared Ordinance No. 1440 as an alternate method for providing for Developers to pay for needed public improvements (specifically water and sanitary sewer system improvements) within the East Side Improvement Area. The basis of this Ordinance is to charge Developers, that develop sites with an F.A.R. ratio greater than 0.6:1, a fee of $0.225 per square foot of total building area (including garages) to obtain the funds to pay for the water and sanitary sewer system improve- ments needed for this area. The City Staff recommends that the City Council adopt Ordinance No. 1440 providing for method of charging developments for water and sanitary sewer system impro- vements for the East Side Improvement Area. Mayor Dodd recognized the following people: 1. Mr. Norman Sheldon, of Inglewood, Colorado and a developer in Farmers Branch, stated that he was in agreement with the plans for improvements. 2. Mr. Albert Huddleston, 2800 Thanksgiving Tower, stated that he was unclear on the meaning of the Ordinance and suggested that the item be tabled for further study. 3. Mr. Jack McJunken, with Centre Development, stated that his company had no objections to paying for the improve- Vol. 39, Page 44. ments they created in Farmers Branch. He stated that he questioned paying for the outfall sewer line mentioned on Page 5 of Ordinance No. 1439 and the amount of ser- vices received for the amount of tax money paid by his company. 4. Mr. Daryl Snadon, with Belway Development, stated that he opposed the ordinance of providing for developers to pay the improvement costs. 5. Mr. Pat Haggerty, 3155 Golfing Green, stated that the area could not stand twice the traffic that .6 to 1 Floor to Area Ratio would bring. He was not opposed to developers paying for the improvements. 6. Mr. Gillis Thomas, of 3921 Shennandoah, stated that he would like to see the FAR stay 1 to 1 and was not against the change. 7. Mr. Robert Bailey, 8610 Lakemont, Dallas, with Lincoln Properties, stated that he was not opposed to Item C.1, but was against Item C.2. There followed a discussion by Council concerning the need for more study with input from the developers and a concern for the density of future development in the Eastern Industrial Area. Councilman Johnson made a motion to hold a study session on Monday, April 25, 1983 at 8:00 a.m. in the Council Chambers. Councilman Weidinger seconded the motion. Councilman Blair asked to amend the motion to table items C.1 and C.2 until this study could be held. Councilwoman Dingman asked to amend the motion to include notifying the developers in the Eastern Industrial Area of the study session by phone and follow up with a letter. Councilmembers Johnson and Weidinger accepted the amendments with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.3-CONSIDER REQUEST FOR A 3-WAY STOP AT HOLLANDALE AND SUNROSE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This item has been placed on the agenda at the request of John Jost, 2829 Hollandale. Vol. 39, Page 45. Mayor Dodd recognized Mr. John Jost. Mr. Jost requested that a 3-way stop sign be installed at Hollandale and Sunrose for safety reasons. He presented a petition from the surrounding neighbors. After discussion, Councilman Weidinger made a motion to have the City Staff evaluate the merits of a 3-way stop at Hollandale and Sunrose and bring the item back at the next Council meeting. Councilman Johnson seconded the motion and asked to add the amendment that an appropriate ordinance be prepared if the City Staff makes a favorable recommendation. Councilman Weidinger accepted the amendment with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.4-DISCUSS THE TRAFFIC STOP SIGN AT BROOKHAVEN AND SOUTHERN PINES AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This item has been placed on the agenda at the request of J. C. Foster, of 14034 Prestwick. Mayor Dodd recognized Mr. J. C. Foster. Mr. Foster stated that he was in opposition to the use of stop signs as a method of controlling traffic speed and was specifically opposed to the stop sign at Brookhaven and Southern Pines. He stated that he felt there was a better way to control traffic and requested that the Council reconsider using this sign. There was discussion concerning Brookhaven not intended to be a through street, the use of stop signs as a speed control and studying the residential traffic situation further. Councilman Johnson made a motion that no action be taken on this item. Councilman Weidinger seconded the motion with Councilmembers Johnson, Weidinger, Dingman and Blair voting "aye" and Councilman Glancy voting "nay". The motion carried by a 4 to 1 vote. AGENDA ITEM NO. C.5-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE - i i I r t I t r U- REQUESTED BY MANHATTEN LAND CO. FOR THE PROPERTY BOUVDED BY hbd FREEWAY ON THE NORTH; LUNA ROAD ON THE WEST; CROWN DRIVE ON THE SOUTH; AND THE COLORADO & ROCK ISLAND RAILROAD ON THE EAST IN THE PD-22 ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. The Planning and Zoning Commission continued this request at the April 11, 1983 meeting. The public hearing procedures require a recommendation be made by Vol. 39, Page 46. the Planning and Zoning Commission prior to any action by the City Council. The Planning and Zoning Commission recommends that the item be continued until the May 16, 1983 City Council meeting. Mayor Dodd recognized Mr. Bruce Shultz, 2501 Cedar Spring. Mr. Shultz requested that the Council continue the item as recom- mended by the Planning and Zoning Commission. Councilman Blair made a motion to continue this item until the May 16, 1983 City Council meeting. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.6-PUBLIC HEARING: CONSIDER REQUEST TO AMEND Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. Mr. Ken Polk is requesting an amendment to the zoning of the property located at the northwest corner of Valley View Lane and Webb Chapel Road from R-4 to Office in order to construct two single story office buildings. The Planning and Zoning Commission recommends that the request be denied. Mayor Dodd recognized Mr. Ben Pollard, 2930 Marsann. Mr. Pollard stated that he was in opposition to the request for change in zoning because the change would increase traffic, spe- cifically at Webb Chapel and Valley View. He stated that other problems would include drainage and lighting spillover. Mayor Dodd recognized Mr. George Grimmer, 3040 Eric Lane. Mr. Grimmer stated that he was in opposition to the request for zoning change because there was no need for more offices or traffic in this area and the area needed to remain residential. Mayor Dodd recognized Mr. Ken Polk, 3426 Lake Country Ct. Mr. Polk stated that they would like to modify their request to planned development zoning. He described the plans and addressed traffic problems, the masonry wall, landscaping and drainage improvements. Mr. Polk stated that he was owner of the property and was asking for a continuance from the City Council. Vol. 39, Page 47• TAKE APPROPRIATE ACTION. REQUESTED BY KEN POLK FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND WEBB CHAPEL ROAD IN THE R-4 ZONING DISTRICT. Mayor Dodd recognized Mr. Oscar Wilson, 13305 Cinco. Mr. Wilson stated that he was in opposition to the request for zoning change. Mayor Dodd recognized Mr. J. C. Foster, 14034 Prestwick. Mr. Foster stated that he was in opposition to the request for zoning change. Mayor Dodd recognized Mr. Bob Johnson, 2930 Harlee. Mr. Johnson stated that he was in opposition to the request for zoning change. Mayor Dodd recognized Mr. Dwayne Young, 3110 Colchester. Mr. Young stated that he was in opposition to the request for zoning change. Mayor Dodd recognized Mr. David Johnson, 3117 Colchester. Mr. Johnson stated that he was in opposition to the request for zoning change. Mayor Dodd recognized Ms. Linda Russell, 2945 Harlee. Ms. Russell stated that she was in opposition to the request for zoning change. Mayor Dodd recognized Mr. Bruce Cameron, 13218 Glenside Drive. Mr. Cameron stated that he was in opposition to the request for zoning change. Mayor Dodd recognized Mr. Thomas Hill, 2997 Harlee. Mr. Hill stated that he was in opposition to the request for zoning change. Councilman Blair made a motion to close the public hearing. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. After discussion, Councilman Blair made a motion to deny the request for a zoning amendment to an office 110" zoning district for the property located at the northwest corner of Webb Chapel and Valley View. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. MAYOR DODD ANNOUNCED A BRIEF RECESS. AGENDA ITEM NO. C.7-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE CLUB AND TAKE APPROPRIATE ACTION. REQUESTED BY CLARK WALTERS FOR THE PROPERTY LOCATED ALONG THE WEST SIDE OF DALLAS PARKWAY BETWEEN SPRING VALLEY ROAD AND ALPH_A_ ROAD IN THE PD-42 ZONING DISTRICT. Vol. 39, Page 47. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. Clark/Walters is requesting a specific use permit for a private club for a portion of the property located along the west side of Dallas Parkway between Spring Valley Road and Alpha Road. Ordinance No. 1422 requires a specific use permit for a private club in the PD-42 zoning district. The private club is proposed to be located within the restaurant servicing the private health club, the swimming pool area and the lounge area of the lower level. The Planning and Zoning Commission recommends by a 4 to 2 vote that the request be approved as submitted. Mayor Dodd recognized Mr. Norman Sheldon, representing the Clark/ Walters Co. Mr. Sheldon stated that his company was requesting a specific use permit to have a private club in their athletic facility. He stated that the following items would be conditions of operation of the proposed Private Club: 1. Only members of the Athletic Club can punccase liquor. 2. No temporary memberships allowed. 3. Liquor will be served only in certain areas. Mr. Sheldon requested that this athletic facility be allowed to serve alcholic beverages. Mayor Dodd recognized Mr. Ken Schull, food coordinator for the restaurant. Mr. Schull stated that he had reviewed the proposed menu for the International Athletic Club and based on findings in the Denver facility, this restaurant would have a 60-40 percent food-beverage ratio. Councilman Johnson made a motion to close the public hearing. Councilman Blair seconded the motion with all members voting "aye". The public hearing was closed. Mayor Dodd recognized Mr. John Scogg, managing partner for International Athletic Club. Mr. Scogg stated that membership promotions might include free lunches and alcholic beverages to guests of the athletic facility. There was discussion concerning the following items: 1. Hours of operation for the private club: Monday through Friday from 10:00 a.m. to 11:00 p.m.; Saturday and Sunday from 10:00 a.m. to 10:00 p.m. 2. Discourage serving free food and alcoholic beverages. Vol. 39, Page 49. 3. The method of billing; automatic bank draft and credit card. 4. Having different membership cards to identify members with private club privileges as opposed to members without private club privileges. 5. Verifying membership with the private club. Councilwoman Dingman made a motion to approve the request for a specific permit as recommended by the Planning and Zoning Commission by adopting the following captioned Ordinance No. 1419: "An Ordinance Of The City Of Farmers Branch, Texas, Amending The Comprehensive Zoning Ordinance Of The City Of Farmers Branch, Texas, As Heretofore Amended; By Granting A Specific Use Permit For Operation Of A Pri- vate Club In Planned Development Zoning District No. 42, Said Private Club To Be Operated In Designated Areas Within The Athletic Facility Located Along The West Side Of Dallas Parkway Between Spring Valley Road And Alpha Road; Providing For A Penalty Of Fine Not To Exceed Two Hundred Dollars ($200.00) For Each Offense; And Declar- ing An Emergency", with the following conditions: 1. The hours be as stated; Monday through Friday, 10:00 a.m. to 11:00 p.m.; Saturday and Sunday, 10:00 a.m. to 10:00 P.M. 2. That alcoholic beverages be served in compliance with State Law. 3. That a person must be a member of the athletic club to be a member of the private club. 4. That there be a provision on the application exempting a member from membership in the private club if they so choose. 5. That promotions of the management, including alcoholic beverages, will be complimentary. 6. That alcoholic beverages will be served only in the following locations: a. Restaurant servicing the private health club. Vol. 39, Page 50. b. Swimming pool area. c. Lounge area of the lower level. 7. That the food to beverage ratio be 60-40 percent. Councilman Glancy seconded the motion with Councilmembers Dingman, Glancy and Weidinger voting "aye" and Councilmembers Johnson and Blair voting "nay". The motion carried by a 3 to 2 vote. AGENDA ITEM NO. C.8-CONSIDER CLASSIFYING A NEW AND UNLISTED USE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. A request has been received from Happy House Christian Day Care for a Certificate of Occupancy to operate a day care center in the PD-30 Zoning District. The use charts within the City's Zoning Ordinance for PD-30 do not have a classification for this type of use, and therefore a Certificate of Occupancy cannot be issued for the use until it has been classified within the use charts. Section 8-200 establishes the procedure of classification of unlisted uses. The Planning and Zoning Commission recommends to the City Council that the use be classified as an allowable use in the PD-30 Zoning District with a specific use permit. Mayor Dodd recognized Ms. Roseann Burgess, 13901 Denton Drive. Ms. Burgess stated that Happy House Christian Day Care was requesting a specific use permit for a one year period. She stated that there would be not less than 25 children and not more than 40 children. Mayor Dodd recognized City Attorney John Boyle. Mr. Boyle explained that the request was for a new and unlisted use and that the Happy House Christian Day Care would have to come back before the Council for a specific use permit. Mayor Dodd recognized Mr. Dave Burgess, 13901 Denton Drive. Mr. Burgess gave information on the parking. After discussion, Councilwoman Dingman made a motion to adopt Resolution No. 83-011 establishing a new and unlisted use to operate a day care center in the PD-30 zoning district as recom- mended by the Planning and Zoning Commission. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. Vol. 39, Page 51. AGENDA ITEM NO. C.9-CONSIDER AMENDING ARTICLE 8-700 (91) OF THE CITY'S ZONING ORDINANCE DEFINING A "FAMILY" AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This item was continued from the April 4, 1983 City Council agenda to allow additional time for consideration. The Planning and Zoning Commission recommends that the Zoning Ordinance be amended to read "Any number of indi- viduals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage or adoption, neither of which unrelated individual pays rent to any member of the family". The City Staff recommends that the Zoning Ordinance be amended to read "Any number of indi- viduals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage, adoption or unless one of the unrelated individuals is a foster child". Mayor Dodd recognized Mr. Vernon Smith, 2715 Bay Meadow, who questioned the definition of "family". Mr. Smith stated that being able to rent brings in added income. Mayor Dodd recognized Mr. Jim Smith, 2311 Bay Meadow. Mr. Smith stated that he was in favor of the ordinance, but he questioned the enforceability of the ordinance. Mayor Dodd recognized Ms. Cynthia Stanaland, 12920 Brisbane. Ms. Stanaland suggested that the word "adult" be included before the word "individual" in the definition of "family". After discussion of providing that one or more foster children is considered being related to their foster parent or parents, Councilman Johnson made a motion to adopt the following captioned Ordinance No. 1436: "An Ordinance Amending Ordinance No. 769, The Zoning Ordinance Of Farmers Branch, Texas, Amending The Defini- tion Of Family; Preserving All Other Portions Of The Zoning Ordinance; Providing A Severability Clause; Determining That The Public Interest, Morals And General Welfare Demand Amendment Herein Made; Providing A Penalty; And Declaring An Emergency". Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.10-CONSIDER ORDINANCE NO. 1420 ESTABLISHING LICENSE PROVISION FOR CERTAIN RENTAL PROPERTIES AND TAKE APPROPRIATE ACTION. Vol. 39, Page 52. Mayor Dodd opened the discussion with the following information from an Administrative memo. Proposed Ordinance No. 1420 has been prepared which will require licensing of non-resident owner rental homes. The ordinance requires an annual license and inspection. The ordinance under consideration will require a non-resident owner to obtain a license to rent a home in the City: Requirements: 1. License required for each home to be rented. 2. License fee $35.00. 3. Annual inspection required. 4. Non-resident owners must obtain a license within 60 days of adoption of the ordinance. 5. All appeals are to be made to the City Council. Mayor Dodd recognized Mr. Jim Smith, 2311 Bay Meadow. Mr. Smith questioned when this licensing would come into effect, and it was stated that, if approved, the licensing would take place within 60 days. Mayor Dodd recognized Mr. Tom Hill, 2957 Harlee. Mr. Hill asked if elderly homeowners in a nursing home would also be affected and was told that elderly homeowners would be affected. There was discussion on studying the item further and calling for a public hearing. Councilman Johnson made a motion to approve the following cap- tioned Ordinance No. 1420: "An Ordinance Of The City Of Farmers Branch, Texas, Making Provisions Requiring A Single Family Residence License; Providing Definitions; Providing A License Fee And A Reinspection Fee; Providing Standards; Providing For Inspection Of Certain Records And The Premises; Pro- viding For An Appeal To The City Council; Providing A Penalty; Providing A Severability Clause, And Declaring An Effective Date". Councilman Blair seconded the motion. Vol. 39, Page 53. Councilman Weidinger asked to amend the motion to include sending out letters as soon as practical notifying rent property owners of the ordinance. Councilmembers Johnson and Blair accepted the amendment with Councilmembers Johnson, Blair and Weidinger voting "aye" and Councilmembers Dingman and Glancy voting "nay". The motion carried by a 3 to 2 vote. Councilmembers Dingman and Glancy stated that they were not in opposition to the intent of the ordinance, but felt that addi- tional study was needed on the subject. AGENDA ITEM NO. C.11-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY WORD OF FAITH WORLD OUTREACH CENTER FOR THE PROPERTY LOCATED AT 242 CARRICK IN THE- PD-31 ZONING DISTRICT. Mayor Dodd opened the discussion with the following information from an Administrative memo. Word of Faith is requesting site plan approval to place a satellite antenna on the property located at 2426 Carrick in the PD-31 zoning district. Site plan approval is required before a permit may be issued. The Planning and Zoning Commission recommends to the City Council that the request be approved with the condition that a detailed landscape and screening plan be brought before the Planning and Zoning Commission at the April 25, 1983, meeting for approval. Mayor Dodd recognized Rev. Robert Tilton, 2300 Valley View. Rev. Tilton explained that Word of Faith was requesting a satellite antenna so that they could transmit their church services into other churches acrojes North America. He stated that the antenna would be closed-circuit so that only other churches that subscribed to their program could pick it up through cable. Councilman Johnson made a motion to approve the request for site plan approval with the condition as recommended by the Planning and Zoning Commission. Councilman Weidinger seconded the motion. All members voted "aye". The motion carried unanimously. AGENDA ITEM NO. C.12-CONSIDER REQUEST BY THE FARMERS BRANCH DRAINAGE STUDY COMMITTEE TO AUTHORIZE ADDITIONAL ENGINEERING STUDIES ON FARMERS BRANCH CREEK, RAWHIDE CREEK AND COOKS CREEK AND T,4KE APPROPRIATE ACTION. i Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Committee Chairman for the Drainage Study Committee, Doug Abbott, will be present to make a request for additional engineering studies on the three (3) major Vol. 39, Page 54. creeks in Farmers Branch. Approximately $45,000.00 is included in the Capital Improvements Program budget for storm drainage studies or improvements. Mayor Dodd recognized Mr. Doug Abbott, 14516 Dennis. Mr. Abbott stated that the Committee was requesting authorization of addi- tional engineering studies to be specified by the Committee further identifying areas of improvement to the creeks, channels and/or structures that could be implemented independent of any other improvement. Councilman Weidinger made a motion to allocate a sum not to exceed $10,000.00 for additional engineering studies on Farmers Branch Creek, Rawhide Creek and Cooks Creek.Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.1-CONSIDER AUTHORIZING THE MAILING OF QUESTION- NAIRE IN THE MAY NEWSLETTER FOR THE SENIOR CITIZEN GROUP. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This item has been placed on the agenda at the request of Councilman Glancy. Councilman Glancy, as liaison to the Senior Citizen Group, reported that their first meeting had been held the previous week. He stated that the Senior Citizen Group was requesting that a questionnaire be included in the water bill for citizen input for program needs and facilities of senior citizens in Farmers Branch. After discussion, Councilman Glancy made a motion that an appropriate questionnaire be prepared by the Senior Citizen Group with City Staff input, a copy of the questionnaire be sent in the next City Council packet and the questionnaire be mailed in the May Newsletter for the Senior Citizen Group. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.2-CONSIDER APPROVAL OF PLANS FOR IMPROVEMENTS PROPOSED BY THE FLOOD CONTROL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This item was tabled at the last City Council meeting so that the City Staff and the Engineering Consultant for the Flood Control District could try to resolve the several conditions for approval identified by the City Staff's review of the proposed plans. The majority of items Vol. 39, Page 55. have been resolved to the City Staff's satisfaction; however, the Flood Control District does not desire to close the gap in the Levee system that Luna Road creates. The Flood Control District does have an emergency plan for closing this gap by the use of earth fill and sand bags. The Disrict requests that the closure of this gap occur at the time of the reconstruction of Luna Road and the bridge over Farmers Branch Creek. Councilman Weidinger made a motion that the plans for the pro- posed improvements for the Flood Control District be approved. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.3-CONSIDER APPROVAL OF PLANS FOR STREET RECON- STRUCTION PROGRAM AND FOR ANNUAL HOT MIX OVERLAY PROGRAM AND AUTHORIZING ADVERTISEMENT FOR BIDS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The 1982-1983 Capital Improvements Program includes funds for residential street reconstruction and asphalt overlay. The City Staff recommends that a portion of Heartside and Braemar be reconstructed and cer- tain streets be asphalt overlayed. The budget for street reconstruction is $300,000. and the budget for asphalt voerlay is $200,000. The City Staff recommends that Heartside from Longmeade to Amber and Braemar from Brookhaven Club Drive to Tanglewood be reconstructed with the current budget. The City Staff requests that the following streets be approved for asphalt overlay and the City be authorized to participate in the Dallas County contract for hot mix overlay under the cooperative agreement with the County recently approved by the City Council: 1. Pebble Beach Drive (Webb Chapel to Marsh) 2. Tanglewood (Brookhaven to Marsh) 3. Morningstar (Templeton to Ridgeoak) 4. Li.ttleerest (Josey to Rawhide) 5. Janwood (Webb Chapel to Josey) 6. Old North (Heartside to Dennis) 7. Joanna (Heartside to Dennis) 8. Mark Twain (Webb Chapel to Dennis) i1 Vol. 39, Page 56. Mayor Dodd recognized City Engineer John Porterfield. Mr. Porterfield stated that this list of streets had changed from the previous list because of reassessment of their condition. Councilman Blair made a motion that Ridgeoak be set as priority for reconstruction in 1983-84• Councilman Weidinger seconded the motion. All members voted "aye". The motion carried unani- mously. Councilman Blair made the following motion: 1. Authorized the advertisement for bids to reconstruct Heartside (Longmeade to Amber) and Braemar (Brookhaven to Tanglewood) be reconstructed under the residential street reconstruction program; and 2. Authorized that the above listed streets have asphalt overlay with the City participating in the Dallas County Overlay Contract with the exception of Morningstar and that that footage of overlay be applied to the next appropriate street. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.4-CONSIDER PASSAGE OF RESOLUTION NO. 83-006 OPPOSING THE SANCTIONS OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY ON THE DALLAS FT. WORTH AREA AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The U.S. Environmental Protection Agency has threatened to impose punitive sanctions against construction and funding of air quality planning, highway construction and sewage treatement plants. These proposed sanc- tions by E.P.A. result from air quality violations and would affect all cities within Dallas and Tarrant Counties. The City Staff recommends that Resolution No. 83-006 opposing these sanc- tions be approved. After some consideration, Councilman Johnson made a motion to take no action. Councilman Blair seconded the motion. All mem- bers voted "aye". The motion carried unanimously. AGENDA ITEM NO. D.5-CONSIDER RESOLUTION NO. 83-012 OPPOSING THE PASSAGE OF HOUSE BILL 473 WHICH WOULD GIVE THE PUBLIC UTILITIES COMMISSION ORIGINAL JURISDICTION OVER CABLE TELEVISION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Texas House of Vol. 39, Page 57. Representatives is considering legislation which would bypass the cities' responsibility of negotiating franchise agreements with cable television systems. House Bill 473 would give the Public Utilities Commission original jurisdiction over cable television. With the passage of this Bill, the granfather clause would expire with the expiration of the franchise. The City Staff recommends adoption of Resolution No. 83-012 opposing passage of House Bill 473• 1 Councilman Weidinger made a motion to adopt Resolution No. 83-012 opposing the passage of House Bill 473• Councilman Johnson seconded the motion. All members voted "aye". The motion carried unanimously. AGENDA ITEM NO. D.6-CONSIDER RESOLUTION NO. 83-013 AUTHORIZING THE CITY TO PARTICIPATE IN THE TEXAS WASTE-SAVER LAWN CARE PRO- GRAM OF THE TEXAS AGRICULTURAL EXTENSION SERVICE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Texas Agricultural Extension Service has developed a program entitled "Waste-Saver Lawn Care" Program. This Program not only results in improved lawn care and appearance, but also reduces the amount of lawn grass clippings, which must be collected by the Sanitation Division. This program has been implemented with great success in Plano, Carrollton, Denton and other Metroplex cities. The City Staff recommends that Resolution No. 83-013 authorizing the City to participate in the Texas Waste-Saver Lawn Care Program be adopted. Mayor Dodd recognized City Engineer John Porterfield. Mr. Porterfield explained the Waste-Saver Lawn Care Program. He stated that this program would allow citizens to use their grass clippings by composting them to decrease the amount of bags the Sanitation Department has to handle. Councilman Blair made a motion to adopt Resolution No. 83-013 authorizing the City to participate in the Texas Waste-Saver Lawn Care Program. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.12-CITIZEN PARTICIPATION. Mayor Dodd recognized Ms. Cynthia Stanaland, 12920 Brisbane. Ms. Stanaland suggested that the City advertise on cable and through the newsletter the results of Item No. C.10 concerning licensing of rental property. Vol. 39, Page 58. MAYOR DODD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. a. Discuss Personnel Matters b. Discuss Land Acquisition C. Discuss Pending and Contemplated Litigation City Attorney John Boyle gave a status report of the City's pending litigation. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO. E.3-CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO. E.4-CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO. F.1-ADJOURNMENT. Councilman Johnson made a motion to adjourn the meeting. Councilman Glancy seconded the motion with all members voting "aye". The motion carried. The meeting of April 18, 1983 was adjourned at 12:49 P.M. Vol. 39, Page 59. I . J~ • a or John Dodd t, 1), cry City Se re dry Vol. 39, Page 60.